Title 17 — ZONING

Chapter 17.01 - USER'S GUIDE TO THE ZONING ORDINANCE Article I. - What is Zoning?

Zoning is the process by which the city of Rohnert Park is divided into "districts" identified by particular land use types, such as residential, commercial, and industrial. Section 17.06 of the Zoning Ordinance includes a description of the land use districts and identifies what types of uses would be allowed in each area. Subsequent sections explain how such uses are to be developed and operated. The locations of these districts are shown on an official map of the city, which is referred to as the "Zoning Map."

(Ord. 695 § 3, 2003)

Article II. - What is the Zoning Ordinance?

The Zoning Ordinance is the document that establishes the various zoning districts, identifies those uses that may be allowed in each district, and provides the regulations and standards that pertain to the development and operation of those uses. In the city of Rohnert Park, the Zoning Ordinance is found in Title 17 of this code. In Rohnert Park there are twenty zoning districts, categorized as follows (with the densities allowed in each residential district indicated in parentheses):

A.

Residential.

R-R: Rural Residential District (up to two units per acre)

R-E: Estate Residential District (up to two units per acre)

R-L: Residential-Low Density District (four and one-tenths—six units per acre)

R-M: Residential-Medium Density District (six and one-tenths—twelve units per acre)

R-H: Residential-High Density District (twelve and one-tenths—twenty-four units per acre)

DTR-H: Downtown Residential-High Density (twelve and one-tenths—thirty units per acre)

B.

Commercial.

C-O: Professional/Administrative Office District

C-N: Neighborhood Commercial District

C-R: Regional Commercial District

C.

Industrial.

I-L: Limited Industrial District

D.

Mixed Use.

M-U: Mixed Use District

DTM-U: Downtown Mixed Use District

E.

Public/Institutional.

P-I: Public/Institutional Zoning District

F.

Open Space and Recreational.

OS-EC: Open Space for Environmental Conservation District

G.

Other.

P-D: Planned Development District

SP: Specific Plan District

H.

Overlays.

MHP: Mobile Home Park Overlay District

O: Office Overlay District

C: Commercial Overlay District

DDAZ: Downtown District Amenity Zone District

(Ord. 695 § 3, 2003)

(Ord. No. 991, § 4(Exh. A, § 4), 1-27-2026)

Article III. - How do I use the Zoning Ordinance?

The "heart" of the Zoning Ordinance is Chapter 17.06—Land Use Regulations. This chapter presents the city's zoning districts in a series of tables, divided by land use type (e.g., residential, commercial, mixed use, industrial). The tables are set up with the zoning districts displayed along the top of the columns and the land uses down the left side of each table. To find out if a certain land use is permitted in a district, locate the use on the appropriate zoning district table and read across the row to the right. If a letter appears in one or more of the columns, the use is either permitted or requires a separate approval prior to its operation (see below). If a letter does not appear in the row, the use is not permitted in that district. Some of the uses have additional requirements that are indicated by a code citation.

(Ord. 695 § 3, 2003)

(Ord. No. 991, § 4(Exh. A, § 5), 1-27-2026)

If a letter appears in the column for a given use, the use is one that may be allowed in that zoning district. A "P" indicates that the use is permitted and no formal review is required. A "C" indicates that the use requires approval of the planning commission; there would be a public notice and a public hearing before the commission. An "A" indicates an administrative approval by the planning director or a zoning administrator; there would be a public notice and the decision could be appealed to the planning commission. A "Z" indicates zoning compliance; these are uses that, if they meet certain criteria outlined in the code, are approved and there is no notice or appeal process. A "T" is for a temporary use that would either be seasonal (e.g., Christmas tree lot) or would last less than two years (e.g., construction trailer); there would be no notification or appeal. An "I" indicates uses that are allowed when incidental to a primary use.

(Ord. 695 § 3, 2003)

(Ord. No. 991, § 4(Exh. A, § 6), 1-27-2026)

17.01.030 - Where do I find information on building setbacks, height limits, and other dimensional requirements?

The "Development Standards" section of the zoning ordinance (Chapter 17.10) contains this information. A table is provided that lists various development standards along the top of the columns and the zoning districts down the left side of the table. To determine what standards apply to each district, find the district on the left and then read across the columns to the right to read the standards. Footnotes follow the table that further explain the standards. This chapter also contains information on allowable projections into yard setbacks (e.g., balconies and patios) and the placement of accessory structures, such as tool sheds and detached garages.

(Ord. 695 § 3, 2003)

This information is contained in the "Fence, Wall, and Landscape Standards" section of the zoning ordinance (Chapter 17.14.) This section also contains information on landscaping requirements for various developments.

(Ord. 695 § 3, 2003)

17.01.050 - Where do I find information on noise, odor, or other performance standards pertaining to a land use?

The "Performance Standards" section of the zoning ordinance (Chapter 17.12) contains this information. These standards are intended to help protect the public health and safety and to minimize a given land use's impacts on surrounding uses and the greater community.

(Ord. 695 § 3, 2003)

The "Off-Street Parking Standards" and "Off-Street Loading Standards" sections of the zoning ordinance (Chapters 17.16 and 17.17) contain this information. Tables located within this section give the parking requirements for various land uses by category (e.g., residential, public and semi public, commercial/retail/office, industrial), with dimensional and development standards following these tables.

(Ord. 695 § 3, 2003)

17.01.070 - Where do I find information on signage?

Chapter 17.27 contains the signage regulations for the city of Rohnert Park. These regulations indicate the amount of signage allowable for projects in each zoning district, the proper locations for such signage, how temporary signage may be used, and other requirements pertaining to this topic.

(Ord. 695 § 3, 2003)

The other sections of the Zoning Ordinance explain the City's Growth Management Program, the Development Agreement Procedure, Mobile Home Park Conversion requirements and procedure, and Administrative and Enforcement Procedures. The latter contains information on the permits that may be required for some operations, such as conditional use permits, site plan and architectural review for new and modified developments, and administrative permits. This section also explains the City's Code Enforcement Procedures.

(Ord. 695 § 3, 2003)

Planning Staff is available to discuss the Zoning Ordinance and its proper use and interpretation, as well as to review projects to determine their compliance with the Ordinance. Staff can also review the Zoning Map to determine the zoning district designation for a given property. Planning Staff can be visited at the City Offices located at 130 Avram Avenue, Rohnert Park, CA, or can be reached by phone at (707) 588-2236. The Zoning Ordinance, the Zoning Map and related materials are also available on the city's website, www.rpcity.org.

(Ord. No. 812, § 2, 1-27-2009)

Editor's note— Ord. No. 812, § 2, adopted Jan. 27, 2009, deleted § 17.01.090 in its entirety and enacted new provisions to read as herein set out. Prior to amendment, § 17.01.090 pertained to similar subject matter and derived from Ord. 695 § 3, 2003.

Where there is a conflict between state law and the Rohnert Park Municipal Code, state law takes precedence, provided, however, that the Rohnert Park Municipal Code may include stricter or additional requirements than required under state law, which shall be in addition to any state law requirements.

(Ord. No. 991, § 4(Exh. A, § 7), 1-27-2026)

Chapter 17.02 - GENERAL PROVISIONS

Chapter 17 of the municipal code shall be known and cited as the "zoning ordinance of the city of Rohnert Park" or "zoning ordinance."

(Ord. 695 § 3, 2003)

The zoning ordinance is adopted to protect and promote the public health, safety, peace, comfort, convenience, prosperity, and general welfare. More specifically, the zoning ordinance is adopted in order to achieve the following objectives:

A.

To implement the goals, objectives, policies and programs of the Rohnert Park general plan, and to manage future development and growth consistent with that plan;

B.

To ensure that development creates a harmonious, convenient, workable relationship among land uses;

C.

To promote the stability of existing land uses which conform to the general plan;

D.

To ensure that public and private lands ultimately are used for the purposes that are most appropriate and most beneficial for the city as a whole;

E.

To facilitate the location of community facilities and institutions where they can best serve the city's residents;

F.

To facilitate the development of housing opportunities to meet the needs of all segments of the community and foster an equitable jobs/housing balance;

G.

To promote commercial and industrial activities in order to provide employment and strengthen the city's tax base;

H.

To protect and enhance the image of the city as a safe environment in which to raise a family; and

I.

To safeguard and enhance the appearance of the city to reflect and maintain the aesthetic values important to its residents as they relate to such factors as setbacks, quality design, and enhanced landscaping.

(Ord. 695 § 3, 2003)

The zoning ordinance shall consist of a zoning map designating certain districts and a set of regulations controlling the uses of land, the density of population, the uses and locations of structures, the appearance of certain uses and structures, the areas and dimensions of sites, the location, size, and illumination of signs, and requiring the provision of on- and off-site improvements.

(Ord. 695 § 3, 2003)

In the interpretation of this title:

A.

The provisions shall be held to the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare.

B.

It is not intended to repeal, abrogate, annul, or interfere with any existing ordinance of the city, except as is specifically repealed herein; provided, that where this title imposes greater restrictions upon the use of land or structure or the height or bulk of structures, or greater areas or dimensions of sites, than is imposed or required by an existing ordinance, this title shall control.

C.

These standards are not intended to deprive any party of the private property rights that would normally be enjoyed by that party, rather they are intended to help protect the same rights by equal application to all properties.(Ord. 695 § 3, 2003)

All properties within the boundaries of the city of Rohnert Park shall be subject to the provisions of this title.

A.

Private projects.

1.

No land, building, or structure shall be developed, used, constructed, or altered except in conformance with the provisions of this title.

2.

No use that requires a permit, license or approval under the provisions of this title shall be made, continued, established or operated until the permit, license or approval is finally granted, and all conditions of the permit, license or approval have been complied with, performed and completed.

3.

No use that requires a permit, license or approval under the provisions of this title shall be established or operated in violation of, or contrary to, any terms or conditions of the granted permit, license or approval.

B.

Private projects on public lands.

Unless otherwise exempted, private projects on federal, state, county, or city land shall be subject to the provisions of this title, including private projects on land owned by any combination of these agencies, or by a private person for the benefit of any such governmental agency.

C.

Public projects.

Public projects proposed by the city shall be reviewed by the planning commission if referred to the commission by the city council. Unless otherwise exempted, public projects proposed by other public agencies shall be subject to the provisions of this title.

(Ord. 695 § 3, 2003)

An application for any permit, license or approval submitted pursuant to this title shall not be accepted as complete for processing under this title unless it is consistent with the general plan; however, the concurrent filing of a general plan amendment application with an amendment to a zoning district or the provisions of this title shall be allowed. In any case where there is a conflict in regulation between this title and the general plan, the general plan shall prevail.

(Ord. 695 § 3, 2003)

A.

Establishment of zoning districts. The city of Rohnert Park shall be divided into land use zoning districts consistent with the General Plan. The following districts are established:

(1)

Residential Districts.

R-R: Rural Residential District

R-E: Estate Residential District

R-L: Residential-Low Density District

R-M: Residential-Medium Density District

R-H: Residential-High Density District

DTR-H: Downtown Residential-High Density

(2)

Commercial Districts.

C-O: Professional/Administrative Office District

C-N: Neighborhood Commercial District

C-R: Regional Commercial District

(3)

Industrial Districts.

I-L: Limited Industrial District

(4)

Mixed Use Districts.

DTM-U: Downtown Mixed Use District

M-U: Mixed Use District

(5)

Public/Institutional.

PI: Public/Institutional District

(6)

Open Space and Recreational Districts.

OS-EC: Open Space for Environmental Conservation District

(7)

Special Districts.

PD: Planned Unit Development District

SP: Specific Plan District

B.

Adoption of zoning map.

The boundaries of the zoning districts established pursuant to this section of this title are delineated upon that certain map entitled "Zoning Map of the city of Rohnert Park" or "zoning map". The zoning map, together with all legends, notions, references, boundaries, and other information thereon, is hereby incorporated into this title by reference.

A copy of the current zoning map shall be kept on file with the city clerk and planning director and shall be made available to the public. Changes in the boundaries on any district shall be made by ordinance pursuant to Section 17.25.070 of this title, and shall be reflected on the zoning map.

C.

Zoning District boundaries.

The following rules shall apply for determining the boundaries of any district on the zoning map:

1.

Where boundaries are indicated as approximately following street or alley lines or other identifiable property or boundary lines, such lines shall be construed to be the district boundary. Where boundaries are indicated as within a street or alley, the center lines thereof shall be construed to be the district boundary.

2.

District boundaries shall follow along property lines or center lines of rights-of-way, wherever feasible. If a district boundary line divides or splits a lot or parcel of land of less than twelve thousand square feet of area, the entire lot or parcel shall be deemed to fall within the zoning district in which the preponderance of such lot or parcel lies. Where said preponderance cannot be determined, such lot or parcel shall be deemed to fall entirely within the more restrictive zoning district. In the case of parcels in excess of twelve thousand square feet, and in all cases where the methods of determination of this section are inappropriate, the boundaries shall be determined by scaling the location of such boundaries as shown on the zoning map and the regulations applicable within each district shall apply to each portion of the site situated in a separate district.

(Ord. 695 § 3, 2003)

(Ord. No. 991, § 4(Exh. A, § 8), 1-27-2026)

If any provision of this title and the application thereof is for any reason held to be unconstitutional or invalid, such a decision shall not affect the validity of the remaining portions of this title.

(Ord. 695 § 3, 2003)

If ambiguity arises concerning any aspect of this title, the planning and community development director shall interpret same. Should the planning and community development director's ruling be disputed, the matter shall be referred, upon written request, to the planning commission for clarification. Written requests received by the planning and community development director shall be placed on the next available planning commission agenda as a non-public hearing item. A fee to request an interpretation by the planning commission may be set by the city council.

(Ord. 695 § 3, 2003)

Marijuana cultivation facilities, marijuana processing, marijuana delivery, and marijuana dispensaries as defined in Chapter 8.30 are expressly prohibited in all districts.

(Ord. No. 896, § 4(Exh. A), 2-9-2016)

All references to the planning and community development director or development services director shall refer to the director with the responsibility for overseeing planning and implementation of Title 17, Zoning, of this code, regardless of the current title of the position.

(Ord. No. 991, § 4(Exh. A, § 9), 1-27-2026)